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SB1098 - 572R - I Ver
PREFILED��� JAN 07 2026
REFERENCE TITLE:
climate; weather; modification; prohibition; penalties
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1098
Introduced by
Senator
Kavanagh
AN
ACT
Amending section 45-117, Arizona
Revised Statutes; repealing title 45, Chapter 9, Arizona Revised Statutes;
amending title 49, chapter 1, article 1, Arizona Revised Statutes, by adding
section 49-119; relating to climate modification.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-117, Arizona Revised
Statutes, is amended to read:
START_STATUTE
45-117.
Water resources fund; purpose; monies held in trust
A. The water resources fund is established to be
maintained in perpetuity consisting of:
1. Except as provided in section 45-113, subsection
F, monies received pursuant to sections 45-113, 45-115, 45-116,
45-183, 45-273, 45-292, 45-411.01, 45-467, 45-476.01,
45-595, 45-612, 45-703, 45-871.01, 45-874.01, 45-1021,
45-1041
,
and
45-1205
, 45-1603 and 45-1605
.
2. Monies appropriated by the legislature to the
water resources fund.
3. Gifts, grants and donations to the fund from any
public or private source.
4. Interest and other income received from investing
monies in the fund.
B. Monies in the fund are subject to legislative
appropriation.� Monies remaining in the fund at the end of the fiscal year
remain in the fund and are exempt from the provisions of section 35-190
relating to lapsing of appropriations.
C. Monies in the fund shall be used exclusively by
the department
of water resources
to carry out the
purposes of this title and shall not be appropriated for any other purpose.
D. The director shall administer the fund.� On
notice from the director, the state treasurer shall invest and divest the
monies in the fund as provided by section 35-313 and monies earned from
investment shall be credited to the fund.
E. Any fee, assessment or other levy that is
authorized by law or administrative rule and that is collected and deposited in
the water resources fund shall be held in trust.� The monies in the fund may be
used only for the purposes prescribed by statute and shall not be appropriated
or transferred by the legislature to fund the general operations of this state
or to otherwise meet the obligations of the general fund of this state.� This
subsection does not apply to any taxes or other levies that are imposed
pursuant to title 42 or 43.
END_STATUTE
Sec. 2.
Repeal
Title 45, chapter 9, Arizona Revised Statutes,
is repealed.
Sec. 3. Title 49, chapter 1, article 1, Arizona
Revised Statutes, is amended by adding section 49-119, to read:
START_STATUTE
49-119.
Geoengineering; prohibition; exceptions; rules; violation;
classification; civil penalty
a. notwithstanding any other law, a
person may not intentionally inject, RELEASE or dispense by any means,
including by aircraft, ballon, drone, rocket, ground-based system or any other
means, any chemical, chemical compound, substance or APPARATUS within the
borders of this state with the express PURPOSE of affecting temperature,
climate, weather or the INTENSITY of sunlight.
B. This
section does not apply to the following:
1. Normal
aircraft operations that result in condensation trails composed solely of water
vapor.
2. Emissions
from lawful industrial, agricultural or transportation activities that are not
intended to alter weather or climate.
3. Fire
suppression, emergency response or public safety activities.
C. The
department shall adopt rules to establish a process for a person to submit a
complaint or allege a violation of this section. On receipt of a
credible report of a violation of this section, the department may investigate
and coordinate with applicable state or federal authorities.
D. A
person that violates this section is guilty of a class 4 felony. the
department shall impose a civil penalty of not more than $100,000 per
violation. Each act is a separate violation.
END_STATUTE